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Home My WebLink AboutR. J. NOBLE COMPANY (6)Recorded in Official Records, Orange County Recording Requested By, Hugh Nguyen, Clerk- Recorder And When Recorded Mail To: IIIIIIIIIIVIIIIIIIIIIIIIIIIIVIIIIIIIIIIIIII NO FEE Clerk of the Council, City of Santa Ana 20 Civic Center Plaza, P.O. Box 1988 *$ R 0 0 0 6 0 2 2 1 7 5$* Santa Ana, CA 92702 2013000415294 2:07 pm 07110113 217 414 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the undersigned City of Santa Ana, California, a municipal corporation, with the address of City Hall, 20 Civic Center Plaza, Santa Ana, California, 92701, is the owner of the property hereinafter described, that said owner has caused a construction of Residential Street Repair Phase 16 & Santiago Park Roadwa Improvement. o under contract entered into on March 5, 2012 with R.J. Noble Company, on which contract w Travelers Casualty and Surety Company of America is surety. The property on which such work Wo improvement was placed is in the City of Santa Ana, County of Orange, State of California, and o described as Project Nos. 12 -6753, 12 -7531, and I1 -2618 located at VARIOUS LOCATIONS. aThe work improvement on said property was accepted as completed on July 9, 2013. �a 0 x O CITi!�TTA A A UNICIPAL CORPORATION w o by Dated: � /d 2d�� City Engineer q ] TITLE O VERIFICATION I, the undersigned, say: I am the City Engineer of the City of Santa Ana, California; I executed the foregoing Notice of Completion acting on behalf of the owner of the property therein described; I make this verification on behalf of said corporation by authorization of the City Council of the City of Santa Ana; I have read said notice and know the contents thereof; and I declare under penalty of perjury that the facts therein stated are true. �7 Executed on v (.,/ 6 at Santa Ana, Calif' c °J 7C, (Signature of individual swearing that the contents of Notice of Completion are true.) THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN (10) DAYS AFTER COMPLETION sY' C REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 5, 2012 TITLE: CONTRACT AWARD FOR CITYWIDE RESIDENTIAL STREET REPAIR — PHASE 16 AND SANTIAGO PARK ROADWAY IMPROVEMENT (PROJECT NOS. 126753, 112618 AND 127531) r r I,.z -CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED (5-6-12 ZAs Recommended) cZSC.' ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Award a contract to R.J. Noble Company, the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $2,394,149.70 for construction of Citywide Residential Street Repair — Phase 16, Santiago Park and Memorial Park Neighborhood Roadway Improvements. 2. Approve a funding analysis with a total estimated construction cost of $2,992,500. DISCUSSION This phase of the City's Residential Street Repair Program consists of the remaining asphalt residential streets that are in need of repair. These segments of local streets have been identified as a high priority for rehabilitation in the City's pavement management system (Exhibit 1). The pavement is deteriorating due to weather, age, and heavy usage. The project provides for grinding asphalt, asphalt pavement overlay, reconstruction, and replacement of damaged concrete curbs, gutters, sidewalks, cross gutters, and curb ramps. Additionally, the Santiago Park roadway off of Memory Lane has been deteriorated due to age and use. The asphalt roadway serves the wildlife and watershed center, nature reserve, and archery range in Santiago Park. The project includes roadway improvements, decomposed granite, a retaining wall, and a wrought iron fence and gate. The project utilizes the most cost - effective, innovative, and environmentally sound technologies, including recycling of existing asphalt pavement. The project also provides for grinding asphalt, asphalt pavement overlay, and replacement of damaged concrete curbs, gutters, sidewalks, cross gutters, and curb ramps. Once completed, these improvements will enhance the ride quality, surface drainage, and appearance of the neighborhoods and park. Contract Award for Residential Street Repair — Phase 16 & Santiago Park Roadway Improvements March 5, 2012 Page 2 The Notice Inviting Bids was advertised on January 18 and 19, 2012, with outreach efforts made to 12 Santa Ana contractors. Bids were opened on February 14, 2012. A summary of the bid notices and the bid results follows: Santa Ana Contractors receiving notices: 12 Contractors requesting bidding documents: 25 Bids received: 6 Bids received from Santa Ana Contractors: 1 NAME OF RESPONSIVE BIDDER 1. R.J. Noble Company 2. Excel Paving Company 3. Sequel Contractors 4. All American Asphalt 5. Elite Bobcat Service, Inc. 6. Hardy & Harper, Inc. CITY BID AMOUNT Orange $2,394,149.70 Long Beach $2,520,380.00 Santa Fe Springs $2,537,826.00 Corona $2,559,559.00 Corona $2,598,953.00 Santa Ana $2,696,000.00 The Engineer's estimate was $2,259,020. A total of six bids were received and all were responsive. The lowest bid was submitted by R.J. Noble Company in the amount of $2,394,149.70. Therefore, staff recommends awarding the contract to R.J. Noble Company. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption Environmental Reviews Nos. 2012 -01 and 2012 -11 will be filed for this project. In addition, a Certification of Categorical Exemption and a Statutory Worksheet have been prepared in accordance with the National Environment Policy Act. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $2,992,500 for the project (Exhibit 2). Funds are available in the Community Development Block Grant Fund (accounting unit 13518783 - 66220), Public Works Account for Residential Street Repair Fund (accounting unit 05817661- 66220), District 2 A &D /In -Lieu Fund (accounting unit 31213261- 66220), Deferred Maintenance Fund (01113260- 66220), Water Production and Supply Fund (accounting unit 06017640- 66220) and Capital Outlay /Park Improvements Fund (accounting unit 05113263- 66220). Contract Award for Residential Street Repair — Phase 16 & Santiago Park Roadway Improvements March 5, 2012 Page 3 Raul'G'odinez II Executive Director Public Works Agency Nancy T. Edivards Interim xe64ve Director Community Development Agency RG /ET Exhibits: 1. Project Location Map 2. Funding Analysis APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency u Gerardo Mouet Executive Director Parks, Recreation, & Community Services Agency �• ,,t �� ;(_ FUNDING ANALYSIS PROJECT NOS. 126753, 127531 AND 112618 CITYWIDE RESIDENTIAL STREET REPAIR — PHASE 16 AND SANTIAGO PARK ROADWAY IMPROVEMENT Construction Contract $2,394,149.70 Contract Administration $143,640.00 Inspection and Testing $167,495.30 Survey Staking $47,800.00 Contingencies $239,415.00 TOTAL ESTIMATED CONSTRUCTION COSTS $2.992.500.00 Exhibit 2 . . . . THE REGISTER This space for filing stamp only 625 N GRAND AVE, SANTA ANA, CA 92701 Telephone (714) 796 -7000 / Fax (714) 796 -6059 PROOF OF PUBLICATION (2015.5 C.C.P.) State of California ) County of ORANGE ) ss Notice Type: BID - NOTICE INVITING BIDS Ad Description: Residential St Repair Ph16 & Santiago Park I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the THE REGISTER, a newspaper published in the English language in the city of SANTA ANA, county of ORANGE, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of ORANGE, State of California, under date 11/19/1905, Case No. A21046. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 01/18/2012, 01/19/2012 Executed on: 01/19/2012 At SANTA ANA, California I certify (or declare) under correct. that the and MIIV�IVIV �IVIIVNYAI�III�I , IIVM�VIIV CNS #: 2243667 NOTICE INVITING BID, NOTICE IS HEREBY GIVEN that the City of Santa Ana, California will receive at the City Hall -Ross Annex, (M- 43) , 20 Civic Center Plaza, Santa Ana, California 92701, the P blic Works A enc FouR oor eo ton st, on or before the hour o 2:00 p.m. on February 8, 2012 sealed bids and/or proposals for PROJECT 12 -6753 and 12 -7531 RESIDENTIAL STREET REPAIR PHASE 16 AND PROJECT 11 -2618 SANTIAGO PARK ROADWAY IMPROVEMENT Notice is hereby given BIDDERS that this project is funded with [Source of funds] money, and that the rate of wages for each craft or type of work or mechanic employed under this contract shall be as specified under the current determinations of the De artment f Labor a reau re under the av s- Bacon & _t. Where a discrepancy exists between Federal and State prevailing wage rate, the higher of the two prevailing wage rates shall apply. Each bid shall be accompanied by cash, a cashiers or certified check payable to the City of Santa Ana, or bid bond issued by a corporate surety, for an amount not less than ten percent (10 %) of the aggregate of the bid, as a guarantee that the BIDDER will enter into the proposed contract if the same is awarded to him. The signature of the BIDDER on the bid bond must be notarized. The City Council reserves the right to reject any or all bids. The successful BIDDER must possess or obtain a valid California Class A Contractors prior to the scheduled award date of this contract. The City of Santa Ana has established an Annual Anticipated DBE Participation Level (AADPL) of 15.91 (7.14/ Race Neutral and 8.77% Race Conscious) for projects constructed this fiscal year. This project has a specific ntr 9081 of 8. °/a is percentage shall apply only to the cost of the COB G fund in the amount of $729,938. The UDBE commitment form Exhibit 15 -G1 may be submitted with the bid proposal. If the UDBE form is not submitted with the bid, the apparent low bidder, the second low bidder, and the third low bidder must complete and submit the form to the City. The Form must be received by the City no later than the time specified in the Federal Reauirement of Appendix F of the Special Provisions. Substitution of securities for any monies withheld by the City of Santa Ana to ensure performance is allowed in accordance with the Public Contract Code. Complete A I ac ronic eta Of th a PI ns and Specifications will be furnished upon application to the Public W rk A n unter First FI r 2 ivi nt r Plaza, S nta Ana li rnia 9 2701. phone (714) 647.564 The Plans and Specifications are now available in portable document format (PDF) on a compact disk (CD) only. There is no charge for the Plans and Specifications on Co. To request a CD by mail, the Contractor must submit an email request to sarmourOsanta- ana.org and provide the following information: Company name, mailing address, phone number, Fed Ex account, and email Subject heading: CD Request for PROJECT 12- 6753 & 12 -7531 RESIDENTIAL STREET REPAIR PHASE 16 AND PROJECT 11 -2618 SANTIAGO PARK ROADWAY IMPROVEMENT. Checks are no longer accepted. Any addenda will be issued by email to those who received CDs directly from the Public Works Agency. DO NOT CALL PURCHASING DIVISION REGARDING AVAILABILITY OF PLANS AND SPECIFICATIONS. 1/18, 1119/12 CNS - 2243667# THE REGISTER LU w 520 :;c -u Z ul 0 > 0 4 D G) m m m m m 0 00 M QO M > > O C) Z < > 0 > > r7l 0 6 p--iG) C) r7l > —49 > z ro Z - > o r z x K --I 0 Z; Ln C) Cil z 0 0 r- m z z m z z M m C: M;u . z woo c, 71 o �, 0 0 Z 0 N3 C) p 8 0 X � (n z 0 in 0 OD CA (7) MAYOR Miguel A. Pulido MAYOR PRO TEM Claudia C. Alvarez COUNCILMEMBERS David Benavides Carlos Bustamante Michele Martinez Vincent F. Sarmiento Sal Tinajero February 1, 2012 ADDENDUM No. ONE CITY OF SANTA ANA PUBLIC WORKS AGENCY M -36 P.O. Box 1988 Santa Ana, California 92702 CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Maria D. Huizar SUBJECT: PROJECT No. 12 -6753 and 12 -7531: Residential Street Repair Phase 16 and Project No. 11 -2618: Santiago Park Roadway Improvement The following changes have been made to specifications of the subject project: Specifications 1. Page iv, Notice Inviting Bids; Revise the first paragraph to read: "NOTICE IS HEREBY GIVEN that the City of Santa Ana, California will receive at the City Hall -Ross Annex, (M -43), 20 Civic Center Plaza, Santa Ana, California 92701, the Public Works Agency Fourth Floor Receptionist, on or before the hour of 2:00 p.m. on February 14, 2012 sealed bids and /or proposals for..." 2. Page iv, Notice Inviting Bids; Revise the fourth paragraph to read: "The City of Santa Ana has established an Annual Anticipated DBE Participation Level (AADPL) of 15.91 (7.14% Race Neutral and 8.77% Race Conscious) for projects constructed this fiscal year. This project has a specific UDBE Contract goal of 8.77 %. This percentage shall apply only to the cost of the CDBG fund in the amount of $1,229,938. The UDBE commitment form Exhibit 15 -G1 may be submitted with the bid proposal. If the UDBE form is not submitted with the bid, the apparent low bidder, the second low bidder, and the third low bidder must complete and submit the form to the City. The Form must be received by the City no later than the time specified in the Federal Requirement of Appendix F of the Special Provisions." 3. PB Page 22 and 23 of 31, Exhibit 15 -G1 and G2; Replace BP page 22 and 23 of 31 with the attached PB page 22 and 23 of 31. All other terms and conditions remain the same. FOR THE CITY OF SANTA ANA 2L ts', (Iffi� AAMA.L Souri Amirani City Engineer CITY OF SANTA ANA PROJECT 12 -6753 and 12 -7531 RESIDENTIAL STREET REPAIR PHASE 16 AND PROJECT 11 -2618 SANTIAGO PARK ROADWAY IMPROVEMENT PROPOSAL & CONTRACT AGREEMENT BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: R.J. NOBLE COMPANY REQUIREMENT: The undersigned declares that he /she has carefully examined the location of the proposed work, that he /she has examined the Plans and Specifications and read the accompanying instruction to BIDDERS, and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any), specifications and special provisions, for the unit price(s) or lump sum(s) set forth in the following schedule: Item # Bid Item Unit Quantity Unit Price Amount 1. Unclassified Excavation * CY 7,300 $ 37, dU $ a -70 /00. e-0 2. Clearing and Grubbing (Santiago Park) LS 1 $20,000.00 $ 20,000.00 3. PCC Pavement Removal * CY 4,620 $35.00 $ 161, 700.00 4. AC Pavement * TN 20,200 $ � $ 1 -. 5. Cold Milling * SF 70,000 $0.19 $ 13,300.00 6. Cold Milling Base Material * SF 86,000 $0.55 $47,300.00 7. Remove Excess Dirt * CY 930 $32.15 $29,899.50 8. Pavement Fabric * SY 12,000 $1.41 $ 16, 920.00 9. PCC Curb and Gutter * LF 1,440 17 �6 $_a �. 00 10. PCC Curb (Type B -1)* LF 720 $10.5-o $ IL PCC Sidewalk (T =4 ") * SF 4,370 $ 3 • a $ 12 PCC Sidewalk (T =6 ") * SF 740 $ S. � a a3o, 00 $ ,-' BP I of 31 TO BE INCLUDED IN BID PACKAGE f 1 CITY OF SANTA ANA PROJECT NOS. 12 -6753, 12 -7531 &11-2618 PROPOSAL & CONTRACT AGREEMENT BID PROPOSAL, continued Item # Bid Item Unit Quantity Unit Price Amount 13. PCC Curb Ramp * SF 10,000 $..1-50 Dd $ %�� - 14. PCC Driveway Approach * SF 3,300 $ gyp, DO $ 19,09 15. PCC Cross Gutter * SF 5,700 $ T �? $ 3v O. �J 16. PCC Grinding * LF 220 $ 32.00 $7,040.00 17. Adjust Survey Monument to Finished EA 3 $ 289.00 $ 867.00 Grade * 18. Adjust Manhole to Finished Grade * EA 66 $ 525.00 $ 34, 650.00 19. Furnish and Install Water Valve Box EA 37 $ 625.00 $ 23,125.00 Frame and Cover * 20. Adjust Misc Utility Frames and Covers EA 4 $ 755.00 $3,020.00 (Santiago Park) 21, Root Shave * EA 40 $ 67.60 $ 2,704.06 22. Traffic Loop Detector * EA 30 $ 195.00 $ 5,850-00 23. Signing and Striping (Parton, Van Ness, LS 1 $ 4,450.00 $ 4,450.00 Ross, Birch, & Sycamore) 24. Signing and Striping (all other LS 1 $ 28,000.00 $ 28,000.00 residential streets) - 25. Signing and Striping (Santiago Park) LS 1 $_3, 600.00 $ 3,600.00_ 26 Loop Detectors (Santiago Park) t EA 2 $ 195.00 $ 390.00 27. Tie -out and Reestablish Survey EA 30 $ 315.00 $ 9,450.00 Monuments (Phase 16) 28. Decomposed Granite Pavement * TN 21 $ 165.00 $ 3,465.00 29. Aggregate Base * TN 13 $ 132.00 $ 1,716.00 30. Crushed Rock * TN 300 $ 67.00 $ 20,100.00 BP2of31 TO BE INCLUDED IN BID PACKAGE U CITY OF SANTA ANA PROJECT NOS. 12 -6753, 12 -7531, & 11 -2618 PROPOSAL & CONTRACT AGREEMENT BID PROPOSAL, continued Item # Bid Item Unit Quantity Unit Price Amount 31. Concrete Retaining Wall 4' -8" LF 100 $375.00 $ 37,500.00 32. Stone Pavers * SF 500 $11.50 $ 5,750.00 33. Recycle Solid Plastic Lumber Edging * LF 4,794 $8.50 $ 40, 749.00 34. Wrought Iron Fence 5.0' LF 322 $73.00 $ 23, 506.00 35. Wrought Iron Fence 6.0' LF 50 $91.50 $ 4,575.00 36. Wrought Iron Gate 6.0' w/ Operator EA 1 $10,100.00 $ 10 ,100.00 37. Precast Concrete Wheel Stop EA 8 $79.00 $ 632.00 38. Concrete Filled Steel Pipe Bollard EA 12 $700.00 $ 8,400.00 TOTAL BID-------------------------------------------------------------------- - - - - -- $ A 3 0 3 10#7 q v * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25 %" limit as stated in Section 3 -2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 2 -3.2 of the Standard Specifications. PROJECT 12 -6753 and 12 -7531 Firm RESIDENTIAL STREET REPAIR PHASE 16 AND PROJECT l 1 -2618 Address SANTIAGO PARK ROADWAY IMPROVEMENT Phone Fax BIDDER R.J. NOBLE COMPANY 15505 E. LINCOLN AVE. ORANGE, CA 92865 (714) 637 -1550 (714) 637 -6321 Email JENNIFERDEIONGH @RJNOBLECOMPANY.COM BIDDER Signature X HAEL I CARVER, PRESIDENT TO BE INCLUDED IN BID PACKAGE BP 3 of 31 CITY OF SANTA ANA PROJECT NOS. 12 -6753, 12 -7531, & 11 -2618 PROPOSAL AND CONTRACT AGREEMENT LIST OF SUB - CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: - Streets, highways including bridge projects; %z% of the bid or $10,000, whichever is greater - Buildings, parks, or other projects: ' /2% of the bid BIDDER proposes to subcontract certain portions of the work to the firms listed below: NAME (3S C6nLr i�- LOCATION (pro n L, C /A PHONE q 5( 0124- r2g6� TYPE OF WORK $Jy Do NAME (f_6f/I f eACP, LOCATION (9 PHONE I (W ?yLI- y TYPE OF WORK erg $ da _ NAME S� i'i"►150 C�P,'Fr i�L. LOCATION PHONE TYPE OF WORK Lv,q� $ i NAME ( n �0,A f LOCATION PHONE 310 117-6L Sd TYPE OF WORK NAME OL S+r,\p 1nq LOCATION PHONE TYPE OF WORK S ( i $ O , 0-i R.J. NOBLE COMPANY Name o Fi Su fitting Bid X fig ure of BIDDER MICHAEL I CARVER, PRESIDENT NAME _ Cq Ae Lai ply U LOCATION PHONE 11V TYPE OF WORK U $ Q 49 NAME t( C.01 ff--42- LOCATION p-A PHONE 'j 1 q 8W . q [&—s TYPE OF WORK _$— n1 NAME LOCATION PHONE TYPE OF WORK $ NAME _ LOCATION PHONE TYPE OF WORK $ NAME LOCATION PHONE TYPE OF WORK TO BE INCLUDED IN BID PACKAGE BP4of31 CITY OF SANTA ANA PROJECT NOS. 12 -6753, 1.2 -7531, & 11 -261.8 PROPOSAL & CONTRACT AGREEMENT BIDDER'S STATEMENT BIDDER understands and agrees that this written proposal (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter AGENCY) shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he /she will furnish AGENCY all required bonds and certificate of liability insurance within-ten (10) days (excluding Saturdays, Sundays and AGENCY'S legal holidays), or the funds, check, draft, or-BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the Specifications, the Certification of Non - Discrimination by Contractors, and the Workers' Compensation Insurance Certificate are to be incorporated by reference into this Agreement and are made specifically as part of this bid. Name of Firm R.J. NOBLE COMPANY Signature of BIDDER x �iil�T Title MICHAEL J. CARVER, PRESIDENT (if an individual, so state) TO BE INCLUDED IN BID PACKAGE BP 5 of 31 CITY OF SANTA ANA PROJECT NOS. 12 -6753, 12 -7531, & 11 -2618 PROPOSAL AND CONTRACT AGREEMENT BIDDER'S STATEMENT continued (If a firm or co- partnership, state the firm name and give the names of all individual co- partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) R.J. NOBLE COMPANY, A CALIFORNIA CORPORATION MICHAEL J. CARVER, PRESIDENT; CRAIG PORTER, VICE PRESIDENT; STEVE MENDOZA, SECRETARY; JAMES N. DUCOTE, TREASURER Awarded t . on the basis of iov4t responsible and responsive bidder in the amount of $ ATTEST: CLERK OF THE COUNCIL APPROVED AS TO FORM: 'CITY ATTORNEY ACTION OF COUNCIL: Date _fj �, 20 �OC� ACCEPTED FOR THE CITY OF SANTA ANA: o � TIVE DI C OR EXE U PUBLIC WORKS AYSENCY BP 6 of 31 TO BE INCLUDED IN BID PACKAGE CITY OF SANTA ANA PROJECT NOS. 12 -6753, 12 -7531, & 11 -2618 (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The BIDDER R.J. NOBLE COMPANY proposed subcontractor , hereby certifies that he has X , has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60- 1.7(b) (1)), and must be submitted by BIDDERS and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60 -1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their implementing regulations. Proposed Prime Contractors and Subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60- 1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. TO BE INCLUDED IN BID PACKAGE BP7of31 CITY OF SANTA ANA PROJECT NOS. 12 -6753, 12 -7531, & 11 -2618 PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he /she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his /her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non - compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. TO BE INCLUDED IN BID PACKAGE BP8of31 CITY OF SANTA ANA PROJECT NOS. 12 -6753, 12 -7531, & 11 -2618 PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR (continued 7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed X Title MICHAEL J. CARVER, PRESIDENT Firm R.J. NOBLE COMPANY Date FEBRUARY 8. 2012 TO BE INCLUDED IN BID PACKAGE BP9of31 CITY OF SANTA ANA PROJECT NOS. 12 -6753, 12 -7531, & 11 -2618 PROPOSAL AND CONTRACT AGREEMENT WORKERS' COMPENSATION INSURANCE CERTIFICATION As required by California Labor Code Section 1860 and 1861, the Contractor certifies as follows: I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this contract. If I, as the Contractor, now or at any time during the course of this agreement, qualify as an employer under California Labor Code Section 3300, unless the hired employee(s) is (are) persons excluded by said Labor Code, I shall furnish the City of Santa Ana with an insurance certificate from my workers' compensation insurance carrier certifying that I carry such insurance and that the policy shall not be canceled nor the coverage reduced except upon thirty (30) days prior written notice to the City of Santa Ana. i Signed X Title MICHAEL J. CARVER, PRESIDENT Firm R.J. NOBLE COMPANY Date FEBRUARY 8, 2012 TO BE INCLUDED IN BID PACKAGE BP 10 of 31 CITY OF SANTA ANA PROJECT NOS. 12 -6753, 12 -7531, & 11 -2618 PROPOSAL AND CONTRACT AGREEMENT REFERENCES The following are the names, addresses, and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two years. 1. CITY OF DANA POINT, 33282 GOLDEN LANTERN, DANA POINT, CA 92629 Name and Address of Owner. ARCHIE REMPHER (949) 248 -3558 Name and Telephone Number of person familiar with project. $1,287,888.15 ANNUAL ROADWAY RESURFACING 09/10 - 05111 Contract Amount Type of Work Date Completed 2, CITY OF NORWALK, 12700 NORWALK BLVD., NORWALK, CA 90650 Name and Address of owner. RANDY HILLMAN (562) 929 -5719 Name and Telephone Number of person familiar with project. $1,174,215.00 STUDEBAKER RD. REHAB. Contract Amount Type of Work 3. CITY OF TUSTIN, 300 CENTENNIAL WAY, TUSTIN, CA 92780 Name and Address of owner. THOMAS MURPHY (714) 573 -3167 Name and Telephone Number of person familiar with project. $1,726,554.92 Contract Amount JAMBOREE RD. REHAB Type of Work 05110 - 04/11 Date Completed 04/10 - 09/10 Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. STONG SURETY INSURANC SERVICES, MIKE STONG (951) 343 -0382 4850 ARLINGTON AVE., STE B, RIVERSIDE, CA 92504 TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA. (909) 612 -3000 TO BE INCLUDED IN BID PACKAGE BP 11 of 31 CITY OF SANTA ANA PROJECT NOS. 12 -6753, 12 -7531, & 11 -2618 PROPOSAL AND CONTRACT AGREEMENT BIDDER'S STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he /she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprentice Council. Signed Title MICHAEL J. CARVER, PRESIDENT Firm R.J. NOBLE COMPANY Date FEBRUARY 8, 2012 TO BE INCLUDED IN BID PACKAGE BP 12 of 31 CITY OF SANTA ANA PROJECT NOS. 12 -6753, 12 -7531, & 11 -2618 PROPOSAL AND CONTRACT AGREEMENT NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non - collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non - collusion Affidavit. BIDDERS are cautioned that mgt false certification may subject the certifier to criminal prosecution. Signed X MICR J. CARVER, PRESIDENT State of Califorffia County of ORANGE Subscribed and sworn to (or affirmed) before me on this 8 day of FEB. , 2012, by MICHAEL J. CARVER_, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. J. O IONSH Commission # 1954610 Notary Public - California Orange County MY li Signature Notary Public Seal Comm. es Oct 28 2015 TO BE INCLUDED IN BID PACKAGE BP 13 of 31 CITY OF SANTA ANA PROJECT NOS. 12 -6753, 12- 7531,& 11 -2618 PROPOSAL AND CONTRACT AGREEMENT BIDDER'S STATEMENT REGARDING "ANTI- KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti- Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to giv p any part of the compensation to which he /she is otherwise entitled. Signed X Title MICHAEL J. CARVER, PRESIDENT Firm R.J. NOBLE COMPANY Date FEBRUARY 8, 2012 TO BE INCLUDED IN BID PACKAGE BP 14 of 31 CITY OF SANTA ANA PROJECT NOS. 12 -6753, 12 -7531, & 11 -2618 PROPOSAL AND CONTRACT AGREEMENT CONTRACTOR'S LICENSING STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that the following is true and correct. Contractor's Name: R.J. NOBLE. COMPANY Business Address: 15505 E. LINCOLN AVE., ORANGE, CA 92865 Telephone: (714) 637 -1550 State Contractor's License No. and Class: 782908; A & C -12 Expiration Date: AUGUST 31. 2012 Signed: X Title: MICHAEL J. CARVER, PRESIDENT TO BE INCLUDED IN BID PACKAGE BP 15 of 31 CITY OF SANTA ANA PROJECT NOS. 12 -6753, 12 -7531, & 11 -2618 PROPOSAL AND CONTRACT CLAUSES SECTION 3 - CONTRACT CLAUSES A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD - assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low- income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include the Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge of that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. TO BE INCLUDED IN BID PACKAGE BP 16 of 31 CITY OF SANTA ANA PROJECT NOS. 12 -6753, 12 -7531, & 11 -2618 PROPOSAL AND CONTRACT AGREEMENT SECTION 3 - CONTRACT CLAUSE continued E. The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected, but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135. F. Noncompliance with HUD's regulations in 24 CFR part 35 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section (7) b of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (I) preference and opportunities for training and employment subcontracts shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7 (b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). For the purpose of training and employment the primaLy Section 3 covered project area is the area in closest proximity to the actual construction work site within the U.S. Census Tract in which the project is located. It is understood that priority for employment opportunity is to be given to residents residing within the primary Section 3 area as defined. A Section 3 area resident is any lower income individual residing within the Section 3 area, whose total family income does not exceed 80% of the median income of the metropolitan statistical area in which the project is located (Orange County). A public housing resident is defined by regulations as Section 3 resident, regardless of income. The contractor and each subcontractor certifies that they will provide, to the greatest extent feasible, opportunities for employment to lower income residents (local residents) and job opportunities in connection with projects in their neighborhoods. For fiscal year 1996 -97, minimum goal for each project is 30 %. TO BE INCLUDED IN BID PACKAGE BP 17 of 31 CITY OF SANTA ANA PROJECT NOS. 12 -6753, 12 -7531, & 11 -2618 PROPOSAL AND CONTRACT AGREEMENT SECTION 3 - CONTRACT CLAUSE continued The Contractor /Sub- contractor /Service Provider by the signature affixed hereto declares under penalty of perjury: Contractor /Sub- contractor /Service Provider has read Section 3 requirements and accepts all its requirements contained therein for all of his /her operations within the City of Santa Ana. X ., / — Signature MICHAEL J. CARVER, PRESIDENT Print Name and Title CRAIG PORTER, VICE PRESIDENT Print Name and Title STEVE MENDOZA, SECRETARY Print Name and Title FEBRUARY 8, 2012 Date TO BE INCLUDED IN BID PACKAGE BP 18 of 31 CITY OF SANTA ANA PROJECTNOS. 12 -6753, 12 -7531, & 11 -2618 PROPOSAL AND CONTRACT AGREEMENT FEDERAL REQUIREMENTS FOR FEDERAL -AID CONSTRUCTION PROJECTS GENERAL —The work herein proposed will be financed in whole or in part wish Federal funds, and thetefae all ofthe daft t Hiles and nuWons promulgated by the Federal Gove mhent and applicable to work finanoed in whole or in pat with Federal finds will apply to such work. The "Regt � Contrract Provisions, Federal - Aid Ccnshuc ion Cormads, "Form FHWA 1273, am included in this Section 14. Wherever in said required oartract provisions refaenoes are made to ' SHA Cortacting officer," "SHA resident enganea," or "arthofi2ed representative of the SF ' such references shall be oorshied tb mean "Engine°' as defined in Section 1 -1.18 ofthe Standard Specifications PERFORMANCE OF PREVIOUS CONTRACT - In addition b the provisions in Section Il, 'Nondisaiminatioq" and Section VII, "Subletting or Assig mig the Contract" of the required contact provisions, the Contiacbr shall amply with the following: The BIDDER shall o=ute the CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS located in the proposal. No request br subletting or assigi ng any portion of the oonW in eco of$ 1Q000 will be considered under the provisions ofSectionVIIofthe required eormact provisions unless such request is a000rnpanied by the CERTIFICATIONreferredbabove, executed bytheproposeda bmtactor. NON - COLLUSION PROVISIONS - The prwisiors in this section are applicable to all contracts o=pt contracts for Federal Aid Seeohday projects. Tide 23, United Staffs Code, Section l I2, requires as a condition preoedart to approval by the Fedetal Hem-ay Administr" of the contract for this work that each BIDDER file a sworn statement ea=ubd by, or on behalf of; the person, firm, association, or corporation to whom such oared is to be awarded, oertifying that srxih person, firm, association, or eorporim has nch eidxr directly or indirectly, eked inlo any agreement, paticipamed in any collusion or otherwise taken any action in resiraintoffiee competitive bidding in eo viabon with the submitted bid A form to make the non-collusion aflidavit suiernert required by Section 112 as a oertifration underpenalty ofpejury ra6wthan as a sworn smeme t as pemitim1 by 28, USC, Sec.1746, is included in the proposal. PARTICIPATION BY DISADVANTAGED BUSINESS ENIERPRLSES IN SUBCONfRAcnNG - Pat 26, Trde 49, Code ofFederal Regulations supplies b this Federakrid project Pertinent sections of said Code are moaporated in partorin its ehtiretywidnnmodwsections ofthesespecial provmors. Sdhedule B- Iribmation forDebminingJoint Verdml ligrbrlity. Attaduneht Exl"A -FRI 8-07-97 BP 19 of 31 (This form need not be filled in if all joint venture firms are minority owned.) I. Name of joint venture y'A 2. Address of join venture 3. Phone number of joint venture 4. Identify the firms which comprise thejoint venture. (The DBE partner must complete Schedule A) a. Describe the role of the DBE firm in this joint venture. b. Describe very briefly the experience and business qualifications of each non -MBE joint venture: 5. Nature of thejoint venture's business 6. Provide a copy of thejoint venture agreement. 7. What is the claimed percentage of DBE ownership? 8. Ownership of joint venture: (This need not be filled in if described in thejoint venture agreement, provided by question (6). a. Profit and loss sharing b. Capital contributions, including equipment. c. Other applicable ownership interests TO BE INCLUDED IN BID PACKAGE CITY OF SANTA ANA PROJECT NOS. 12 -6753, 12 -753 1, & 11 -2618 PROPOSAL AND CONTRACT AGREEMENT 9. Control of" participation in this contract. Identify by name, race, sex, and "fine" those mclividuals (and their lilies) who am responsible for day-to-,day aranagement and policy decision rnaWng, including, Nameof rm NameofFirm but not limited to, those with prime responsibility fix- a Financial decisions Signature Signature - — Name Name b. Management decisions, such as: 1. Fstirhhamng Tide Title Date Date 2. Marketing and sales Date 3. Nuing and firing of managerne t State Of County of 4. Purchasing of major items or supplies On this _ day of 20� before me appeared (name) ID me personally known, who, being duly swan, did execute the c. Supervision offield operations foregoing affidavit and did state that he or she was }roperfy authonzed by (Name of firm) to execubethe affidavit and did so as his or her fire act and deed. Note: If, after filing this Schedule B and before the completion of the Notary Public joint venom's vwrk on the coritract covered by this regulation, there is Commission expires any significant change in the information submitted, the joint venture must inform the grantee, either directly or through the prime contractorifthejoint venture isasubcontractor. Date i -M.. "The undersigned swear that the foregoing statements am correct and include all material infonh>ation necessary to idr* and explain the term and operation of our joint venture and the intended participation by each joint vent m in the trndriaking Further, the undersigned covenant and agree to provide to grantee current; complete and accurate infomnation regarding actual joint venture work and the payrrnent therefore and arty proposed changes in arty of the joint vendee anangerrnerls and to permit the audit and examination of the books, recoils, and files of the joint venture, by authorized representatives of the gmtee or the Federal funding agency. Any material misepresantation will be grounds for teminating arty contract which may be awarded and for initiating action urxlerFedral or State laws mrnorning firlse sla rrerls." Attachment Exhibit A FR2 8 -07 -97 Stateof County of On this _ day of 20_, before me appeared ( Name) to me personally known, who being sworn, did execute the foregoing affidavit and did state that he or she was properly authorized by (Name of fin n) to execautethe affidavit and did so as his or her free act and deed Notary Public_ Cornmissionexpires [Seal] BP 20 of 31 TO BE INCLUDED IN BID PACKAGE CITY OF SANTA ANA PROPOSAL AND CONTRACT AGREEMENT PROJECT NOS. 12 -6753, 12 -7531, & 11 -2618 TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 DEBARMENT AND SUSPENSION CERTIFICATION The BIDDER under penalty of perjury, certifies that except as noted below, he /she or any person associated therewith in the capacity of owner, partner, director, officer, manager: is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within past three years; Does not have a proposed debarment pending: and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. NONE Exceptions will not necessarily result in denial of award, but will be considered in determining BIDDERS responsibility. For any exception noted above, indicate below to whom it applies, initialing agency, and dates of action. N/A Note: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. Name of BIDDER R.J. NOBJ,,tr1QPMPANY Signature of BIDDER V Date FEB ARY 8. 2012 FED.8 -22 -88 MICHAEL J. CARVER, PRESIDENT TO BE INCLUDED IN BID PACKAGE BP 21 of 31 Exhibit 15 -G Local Agency Bidder UDBE Commitment (Construction Contracts) NOTE: PLEASE REFER TO INSTRUCTIONS ON APPENDIX F City of Santa Ana Santa Ana AGENCY_ LOCATION PROJECT DESCRIPTION PROJECT NO. Residential Street Repair PH 16 Project No 12-6753, 12 -7531, 11 -2618 TOTAL FEDERAL CONTRACT AMOUNT $1 229,93 BID DATE: Feb uary 14 2012 BIDDER'S NAME: R . NOBLE COMPANY ,ONTRACI UDBE GOAL: $107,865.63 'ONTRACT 1-1 FM OF WORK AND DESCRIPTION 'ert. No. of UDBF. NAME OF t,DBF.s DOLLAR AMOUNT ITEM NO, OR SERVICES TO BE AND EXPIRATION KNIust be certified on the date bids UDBE: SUBCONTRACTED OR MATERIALS DATE are opened - include ODBF. address TO BE PROVIDED rid phone number) #4 Portion of Asphalt Oil CT -10447 E.M. Oil Transport Inc. 250 liquid tons 08/02/2012 1145 S. Taylor Avenue x $750.00 = Montebello, Ca 90640 S187,500.00 323- 722 -9088 x 60% $112,500.00 For Local Agency to Complete: Local Agency Contract Number Total Claimed Participation 112,500.00 Federal Aid Project Number. Federal Share ontract Award Data. Local Agency certifies that all information is complete and accurate. - - -- -- — -- STEVE ME OZA, 4CRETARY Print Name Signature Date Signature oC idder Local Agency Representative 02/14/2012 714- 637 -1550 Area Code 'Fele hone Number. Datc (Area - — Code) Tel- No For Caltrans Review: Print Name Signature Date Caltrans District Local Assistance Engineer Local Agency bidder- UDRF Commim,ont(Rev , 09) Distribution: (I) Copy -Fax or scan a copy to the Caltrans District Local Assistance Engineer (DL AE) within IS days of award. Failure to send a copy to the DLAF. within 15 days of award may result in de- obligation of !ands Im this project (2) Copy -- liiclude in award package to Caltrans District Local Assistance (3) Original - Local agency filcs TO BE INCLUDED IN BID PACKAGE BP22of31 Exhibit 15 -G2 Local Agency Bidder DBE Information (Construction Contracts) (Inclusive of all DBEs including the UDBEs listed at bid proposal) NOTE: PLEASE REFER TO INSTRUCTIONS ON APPENDIX F AGENCY: City of Santa Ana _ LOCATION. Santa Ana PROJECT DESCRIP'l ION. PROJECT No Residential Street Repair PH 16, Project No. 12 -6753, 12 -7531, 11 -2618 OTAL FEDERAL CON'I -RACT AMOUNT SL _222-9-938 _ BID DA'I L{ 02/14/2012 BIDDERS NAME- R.J. NOBLE COMPANY CONTRACT ITEM N0, ITEM OF WORK AND DESCRIPTION OR SERVICES TO BE SUBCONTRACTED OR MATERIALS O BE PROVIDED Cert. No. cfDBE AND EXPIRATION DA H NAME OF DBEs Must be certified on the date bids are opened - include DBE address and hone nuntbei) __ _ #4 _ Portion of sp a t I CT -10447 E.M. Oil Transport 08/02/2012 1145 S. Taylor Ave Montebello, Avenue, Ca - - - -- - - - - - -- - -- - 90640 -- - - - - -- — - 323 - 722 -9088 For Local Agency to Complete: Local Agency Contract Number. Federal Aid Prolec( Number. Federal Share: Contract Award Date. Local Agency certifies that all information is complete and accurate Print Name Local Agency Representative Area Code Telephone Number: For Caltrans Review: Signature Total Claimed Participation AR AMOUNT —1 250 Liquid tons x $750.00 = $187,500.00 x 60% _ $112,500.00 S 112.500.00 100 % Steve Men za, Sigretary Date Signetureol'Bidder 02/14/2012 714- 637 -1550 Date (Area Code) "I -el No Pi iut Name Signature Date Caltrans District Local Assistance Engineer Local Agency Bidder - DBF Information (Rev 1;091 Distribution: (1) Conv— Fax or scan a coov to the Caltrans District Local Assistance Engineer ( DLAE) within 15 days of award Failure to send a copy to the DLAE: within 15 days of award may result in de obligation of funds for this project (2) Copy -- Include in award package to Caltrans District Local Assistance (3) Original — Local agency files TO BE INCLUDED IN BID PACKAGE BP 23 of 31 CITY OF SANTA ANA PROJECTNOS. 12 -6753, 12 -7531, & 11 -2618 PROPOSAL AND CONTRACT AGREEMENT NONLOBBYING CERTIFICATION FOR FEDERAL AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influence or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriate funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub - recipients shall certify and disclose accordingly. X BM s Signature MICHAEL J. CARVER, PRESIDENT R.J. NOBLE COMPANY Firm FEBRUARY 8, 2012 Date • Standard Form LLL may be obtained from Caltrans and FHWA offices. TO BE INCLUDED IN BID PACKAGE BP 24 of 31 CITY OF SANTA ANA PROJECT NOS. 12 -6753, 12 -7531, & 11 -2618 PROPOSAL AND CONTRACT AGREEMENT DISCLOSURE OF LOBBYING ACTIVITIES Cmm�lete chic f o r m to licnlner Inht 6 rt o, «;.A *; T f e r 1 1. Type of Federal Action 2. Status of Federal Action 3. Report Type: ❑ a. Contract ❑ a. Bid/offer /application ❑ a. initial b. Grant b. initial award b. material change' c. Corporate Agreement c, post -award d. Ban For Material Change only: e. Loan Guarantee year quarter f. Loan Insurance date of W ort 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: ❑ Prime ❑ Subwardee Tier If known Congressional District, i known Congressional DL*ict, i known 6. Federal Department/Agency: 7. Federal Prograrn,,Mme/Description CFDA Number, If applicable 8. Federal Action Number, fknown 9. Award'Amount, ifknown -'s 10. a. Name and Address of Lobbying Entity b. Individual Performing Services (erg aaEtr~csifdrf/ardfrornNo. (�frrh lWn7nq,fislAlp ' Ilkr) (kd namftgnww M9 attar Continuation Shee s ) if necessary) 11. Amount of Payment (check all that apply): 13. Type of Payment (check all that apply) $ ❑ Actual ❑ Planned' ❑ a. retainer ❑ b. one -time fee 12. Form of Payment (check all that apply): ❑ c. commission ❑ a. cash ❑ d. contingent fee ❑ b. in -kind; specify: nature _ ❑ e, deferred value ❑ f. other, specify 14. Brief Description of Services PWrmed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment indicated in item 11: attach Continuation Sheets i necess 15. Continuation Sh attached: Yes Ll No 16. Infonw6on reque�l�nough this form is a>Ihoria d by Tide 31 USC Secpon 1352. This disclosuar,6fobbyingactivitiesisamabia lrgx onoffactupon Signature X - which reliance plaoad by thetierabove when thetransaction was madeorentem 1 into. This ' istequiredpursuantto31 U.S.C. 1352 This infom26onwiilbe Print Name ICHAEL J. CARVER repottedtb Congressserniannually and will be available forpublic ¢specbm Any whofasbfilethe► equireddiscloaueshallbesubjecttoaavilpamllyof Title PRESIDENT not than $10,000and not more than$100,000foreachsuchfa ue. Tele hone No. 714) 637 -1550 Date FEBRUARY 8, 2012 Federal Use Only: Authorized for Local Reproduction Standard Form — LLL TO BE INCLUDED IN BID PACKAGE BP 25 of 31 CITY OF SANTA ANA PROJECT NOS. 12 -6753, 12 -7531, & 11 -2618 PROPOSAL AND CONTRACT AGREEMENT BIDDER'S STATEMENT REGARDING REQUIRED FEDERAL CONTRACT PROVISIONS (Form FHWA -1273) The undersigned, is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the required Federal Contract Provision (Form FHWA -1273) as shown in the appendix of the spSpial provisions of this project. Signed X Title MICHAEL J. CARVER, PRESIDENT Firm R.J. NOBLE COMPANY Date FEBRUARY 8. 2012 TO BE INCLUDED IN BID PACKAGE BP 26 of 31 CITY OF SANTA ANA PROJECT NOS. 12 -6753, 12 -7531, & 11 -2618 PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION FOR FEDERAL AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief; that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal Agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of an Federal contract, grant, loan, or cooperative agreement. (2) If any funds other Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with Federal contract, grant, Ioan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL *, "Disclosure of Lobbying Activities" in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub - recipients sh certify and disclose accordingly. X BIDDE gnature MICHAEL J. CARVER, PRESIDENT R.J. NOBLE COMPANY Firm FEBRUARY 8, 2012 Date i Z;, N 3s,. r °auisK ,. p '. -:'I TO BE INCLUDED IN BID PACKAGE BP 27 of 31 CITY OF SANTA ANA PROJECT NOS. 12 -6753, 12- 7531, & 11 -2618 PROPOSAL AND CONTRACT AGREEMENT BIDDER'S CERTIFICATE OF COMPLIANCE REGARDING "BUY AMERICA" REQUIREMENTS FOR STEEL OR MANUFACTURED PRODUCTS The undersigned, is submitting this proposal for performing by contract the work required by these bid documents, certify to comply with the " Buy America" requirements of Section 165 of the Surface Transportation Assistance AcIX 1982 and as shown in the special provisions of this project. Signed X Title MICHAEL J. CARVER, PRESIDENT Firm R.J. NOBLE COMPANY Date FEBRUARY 8, 2012 TO BE INCLUDED IN BID PACKAGE BP 28 of 31 CITY OF SANTA ANA PROJECT NOS. 12 -6753, 12 -7531, & 11 -2618 PROPOSAL AND CONTRACT AGREEMENT PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the BIDDER hereby declares under penalty of perjury under the laws of the State of California that the BIDDER has _ , has not X been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1 100, including the Regents of the University of California or the Trustees of the California State University. The term "BIDDER" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The BIDDER must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed X Title Firm R.J. NOBLE COMPANY Date FEBRUARY 8, 2012 TO BE INCLUDED IN BID PACKAGE BP 29 of 31 CITY OF SANTA ANA PROJECT NOS. 12 -6753, 12 -7531, & 1 ] -2618 PROPOSAL AND CONTRACT AGREEMENT PUBLIC CONTRACT CODE SECTION 10162 OUESTIONAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No X If the answer is yes, explain the circumstances in the following space. N/A TO BE INCLUDED IN BID PACKAGE BP 30 of 31 CITY OF SANTA ANA PROJECT NOS. 12 -6753, 12- 7531, & 11 -2618 PROPOSAL AND CONTRACT AGREEMENT PUBLIC CONTRACT CODE SECTION 10232 STATEMENT In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed X Title MICHAEL J. CARVER, PRESIDENT Firm R.J. NOBLE COMPANY Date FEBRUARY 8, 2012 TO BE INCLUDED IN BID PACKAGE BP 31 of 31 FEDERAL MINIMUM WAGE RATES Insert the Federal minimum wage rates in Appendix H. Go to Caltrans website to obtain a copy: httj2://www.access.gpo.gov/davisbacon/ca.html Scroll down to Orange County Select latest highway entry TO BE INCLUDED IN BID PACKAGE BP 32 of 31 It BID BOND KNOW ALL MEN BY THESE PRESENTS, That we, R. J. NOBLE COMPANY TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford. Connecticut 06183 as Principal, hereinafter called the Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, of Hartford, Connecticut, a corporation duly organized under the laws of the State of Connecticut, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF SANTA ANA as Obi glee hereinafter Caliwj the Ohii;imp in the stem of TEN PERCENT OF THE AMOUNT OF THE BID Dollars ($ 10% OF BID ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for PROJECT 12 -6753 AND 12 -7531 RESIDENTIAL STREET REPAIR PHASE 16 AND PROJECT 11 -2618 SANTIAGO PARK ROADWAY IMPROVEMENT NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Cofiract and give such bond or bonds, if the Piinc ipai shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Wort. covered by said bid, then !his obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 30th day of JANUARY (Witness) 2012 R.J. NOBLE C9KPANY (P►imipal) (Saar) MI EL J. CARVER, PRESIDENT (Title) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (Witness) BY MICHAEL .t STONG (Attorney-in-Fact) Printed in cooperation with the American Institute of Architects (AIA) by Travelers Casualty and Surety Company of America. The language in this document conforms exactly to the language used in AIA Document A310, February 1970 edition. S-! ?69, rm_oT 1 ,11 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On February 01, 2012 before me, J. DeIongh, Notary Public Date Here Insert Name and Title of the Officer personally appeared Michael J. Carver J. DE10NGH Commission # 1954610 Notary Public - California Orange County M Comm. Expires Oct 28,201 Name(s) of Signer(s) CIVIL CODE § 1189 who proved to me on the basis of satisfactory evidence to be the person frs� whose namge is /afe subscribed to the within instrument and acknowledged to me that he /s4ell executed the same in his /fir authorized capacity and that by his /her /their signature() on the instrument the personx, or the entity upon behalf of which the personagf acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. hand ahld /dfficial seal. Signatwe,.- k A I Place Notary Seal Above OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: — Capacity(ies) Claimed by Signer(s) Signer's Name: 1 Corporate Officer — Titie(s): _ C Individual 1-1 Partner — L.1 Limited Ci General Top of thumb here 1 Attorney in Fact Ci Trustee Cl Guardian or Conservator CI Other: Signer Is Representing: Number of Pages: Signer's Name: Cl Corporate Officer — Title(s): _ Individual Lei 1149M Cl Partner — O Limited f. -_I General Tot, of thumb hHre Attorney in Fact ❑ Trustee • Guardian or Conservator • Other: Signer Is Representing: vcu o rvao , y rssoaauon • rvauonaiwiary.org - i -WU -UJ NUiAHV (7 -800 -676 -6827) Item #5907 CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On personally appeared before me, R. NAPPI "NOTARY PUBLIC" MICHAEL D. STONG (Here insen name and title of the officer) who proved to me on the basis of satisfactory evidence to be the person,Wwhose name(sfis /arc subscribed to the within instrument and acknowledged to me that he /sheA4tey executed the same in his /heW+hetr authorized capacityt(ie4 and that by his /ht:.d4wir signaturcKon the instrument the person 'f, or the entity upon behalf of which the personwacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public R. NAPPI COMM. #1796916 NOTARY PUBLIC - CALIFORNIA RIVERSIDE CO�2O My Comm. Expires J (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description ofattached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA vl2.10.07 800 - 873 -9865 www.NotarvClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears abm,e in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be primed on such a document so long as the verbiage does not require site notary to do something that is illegal for a notary in California (i.e. certifying the authorl=ed capacity of the signer). Please check the document carefulb, for proper notarial wording and attach this form tf required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e tae /she/dwy, is /ere ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. r Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document POWER OF ATTORNEY TRAVELERS, Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 222079 Certificate No. 004084066 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Michael D. Stong, Rosemary Nappi, and Jeremy Pendergast of the City of Riverside , State of California , their true and lawful Attomey(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Compap0j have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of February LL Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 16th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company G�SU.�� q�}�•�'y F \0.E 4 \�N 1//S` 'pl•� rygUq '4 JP�tY Apo NWwAAr Y'� 0—o 9m ^o' N. S81LL d'•.. 'Cf o•.'*... .:'�dD 66 Dt '4 �p State of Connecticut City of Hartford ss. By: Georg Thompson, nior ice President 16th February 2011 On this the day of , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. ' G• A W Anr 4 My Commission expires the 30th day of June, 2011. �OUQL�G * Marie C. Tetreault, Notary Public Cam'$ 58440 -4 -09 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER , ." This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 3 day of t /C�YLf.'� i' 201 �- Kori M. Johans Assistant Secretary Gh54q�� Jy°fl0.E 6 4 ` ^N �ysG ''+"rNSU,e P tV A/yD _��jiY 02 �y�P�pp� "r 6 /� �, � .gyp QO: % ^....... 91 4JP: ..........,'9'`",�,`st 4J � yG 1y4�• 4W' 'w0 'h+tc++' e � 1951 �`'• S E A L i " � � o ' �, �� N 1896 ' W i n �• o o:S82f.L:•'a ' � �� iy ��i ,� SL �G y..........i Lr d.•.... " >� ec0 To verify the authenticity of this Power of Attorney, call 1- 800 - 421 -3880 or contact us at www.travelersbond.com. Please refer to the Attomey -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER E.M. Oil Transport Inc. MBE /WBE/DBE/UDBE Certified Caltrans # 10447 State License # 838893, C -12 1145 S. Taylor Ave. Montebello, Ca 90640 TEL ( 323)722 -9088 FAX (323)722 -5459 E -MAIL: EMOILTRANSPORT @SBCGLOBAL.NET Date 2/15/12 Steve Mendoza C/o R.J. Noble Company From: Cristina Rodriguez Proposal Re: City of Santa Ana project 12 -6753 and 12 -7531 Bid Date: 2/15/12 Est. Liquid Tons Item Price per ton 250 -300 PG64 -10 or PG6416 Market or Rack price ( Paramount Refinery) All transportation not included in per ton price. Haul quote to $ 15.50 per ton to R.J . Noble — Orange - Asphalt Plant If any questions please give me a call. PUBLICATION AFFIDAVIT PILE COPY DECLARATION � OF PUBLICATION STATE OF CALIFORNIA, [ � f D = 7c� DD Suzie Davidson /Art director 15.505 c, lincoln avenue ue, box 620 R .J. NOBLE nran�e ca 92856 714- 637.1550 company fax 71,4. 637 -6321 RA, NOBLE COMPANY IS REQUESTING PARTICIPATION FROM ALL QUALIFTED & CERTIFIED UDBE & DBE SUBCONTRACTORS AND /OR SUPPLIERS FOR THE I~OLLOWING' RESIDENTIAL STREET REPAIR PHASE 16 & SANTIAGO PART, ROADWAY IMPROVEMENTS PROTECT NO. 12-6753,12,7531 & 11 -2618 SANTA ANA, CA BIA DATE /TIME: FEBRUARY 08, 201.2 AT 2:00 PM Please respond by, February 08, 2012 before 2:00 pm SEEKING QUALIFIED & CF.,RTIFIED UDEE & DBE SUBCONTRACTORS FORT CONCRETE; STRIPING; MILT,,ING; FABRIC; UTILITIES; LOOPS; SURVEY: TRES SERVICE; RET. WALL; PAVERS; FTNCE. Please call if you have any duesttons. R.J. NOBLE COMPANY CONTACT. STEVE MENDOZA 711- 637 -1.550 • Fax 714 -637 -6321 0PP0RTU N I T Y 6MF1,0yfilt The undersigned declares: I am over the age of 18 years and a citizen of the United States, i am not a party to and have no interest in this matter. I urn principal clerk o,f the publisher of the Construction Up -Date, Inc, and Minority Bidders Bulletin, a trade/ Focus publication in the City of San Diego, the County of San Diego, and the State of California. This notice, a true copy hereon, was published on the below date(s): / . I declare under penality of perjury that the foregoing is true and correct. Aga &IW1M Executed at San Diego, California signature DATES PUBLISHED Q�; v�> aAaAll TR4.DF, PUBLICATION �� ►� oc�i��P�U� FOCUS PUB.LrCAT10N ALSO DISPLAYED ON WEB SITE C http: / /Www.goo4 aithcffOrt.corn 00 Phone Number (858) X4$7 -26 16885 W, Bernardo Dr., Suite 335, San Diego, CA 92127 Fax Number (858) 487 -3500 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 2, 2012 TITLE: CONTINGENCY INCREASE WITH R.J. NOBLE COMPANY FOR RESIDENTIAL STREET REPAIR — PHASE 16 (PROJECT NO. 126753) NON GENERAL FUND ��I _ t CLERK OF COUNCIL USE ONLY: APPROVED "� � ��/ 2 ®mss Recommended oi38 0 As Amended 0 Ordinance on use Reading 0 Ordinance on 2ntl Reading (] Implementing Resolution � Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Increase the contingency for the contract with R.J. Noble Company for Residential Street Repair, Phase 16, by $500,000, and authorize the City Manager to execute change orders in an amount not to exceed the authorized contingency_ DISCUSSION On March 5, 2012, the City Council awarded a contract to R.J. Noble Company in the estimated amount of $2,633,564 for Residential Street Repair, Phase 16. During construction and while removing the existing pavement, the contractor encountered areas where the street sections were thicker than expected as well as a wet and unstable sub - grade. To ensure the integrity of the new pavement, the excess water needs to be removed from the sub - grade. This process requires additional excavation, which is greater than the amount specified in the contract, and also strengthening the sub -grade with acement- treated soil. Since the additional work was not included in the original contract amount, staff is requesting an additional contingency amount of $500,000 to pay for the work. FISCAL IMPACT The contingency increase is $500,000 for the project. Funds are available in the Community Development Block Grant Fund (accounting unit 13518783 - 66220). APPROVED AS TO FUNDS AND ACCOUNTS: �� .�, Ra odinez Francisco Jerre ,. /�,c� Executive Dire for Executive Director "__� Public Works Agency Finance &Management Services Agency Nancy E ards Interim E cutive Director Community Development Agency MEMORANDUM Paul Walters To: City Manager Raul Godinez II From: Executive Director Public Works Agency �f_; �' `•�e�' � Date: October 16, 2012 Subject: PROJECT NOS. 12 -6753 & 12 -7531; RESIDENTIAL STREET REPAIR PHASE 16; 11 -2618; SANTIAGO PARK ROADWAY IMPROVEMENT REQUEST FOR APPROVAL OF CHANGE ORDER 1 Contractor: Project Description Account Unit: 05817661 Original Contract Cost: Amount of The Change Order: Previously Approved Change Orders: Total Change Orders: R.J. Noble Company 15505 E. Lincoln Avenue Orange, CA 92865 Residential Street Repair and Park roadway improvements Account: 66220 $2,394,149.70 $185,154.87 $ -0- $185,1 54.87 Activity: 12675301028 of Original 7.73% O% 7.73 %" Contingency was increased to 30% by RFCA dated July 2, 2012. REASON FOR CHANGE 1. While constructing the pavement, the contractor encountered areas where the pavement section was thicker than expected with a wet and unstable sub - grade. It was recommended to remove the thicker sections and cement treat and re -grade the sub grade. Council approved the additional funds on July 2, 2012. The costs are to compensate the contractor for additional excavation and cement - treating the sub grade. (PCO 7). AGREED COST = $109,200 2. To protect the new asphalt street, Portland cement concrete bus and landing pads were recommended to be placed along Greenville from Warner to Edinger. The costs are to compensate the contractor to install nine new bus and landing pads. (PCO 4). Project Nos. 12 -6753, 12 -7531 & 11 -2618 RFA Change Order No. 1 October 16, 2012 Page 2 aul Godinez, II Executive Director Public Works Agency "12- 6753 /CO /l2 -6753 RFA CO 1.1 Rev. AGREED COST = $75,954.87 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number 12 -6753 & 12 -7531 ; RESIDENTIAL STREET REPAIR PHASE Change Order Number 1 16; 11 -2618; SANTIAGO PARK ROADWAY IMPROVEMENT To R.J. Noble Company contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and spec cations on this contract. NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY EXTRA WORK AT AGREED PRICE 1. Provide additional excavation and cement treat the sub -grade per direction given on June 7, 2012. (PCO #7). AGREED COST = $109,200.00 2. Install bus and landing pads along Greenville per PCO #4 issued on April 19, 2012. AGREED COST = $ 75,954.87 Page 1 of 2 CITY OF SANTA ANA _„ - PUBLIC WORKS AGENCY � CONTRACT CHANGE ORDER Project Number 12 -6753 & 12 -7531 ; RESIDENTIAL STREET REPAIR PHASE Change Order Number 1 16; 11 -2618; SANTIAGO PARK ROADWAY IMPROVEMENT To R.J. Noble Company Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifcations on this contract. NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY The compensation both time and cost set forth in this final change order comprises the total compensation due the Contractor, all Subcontractors, and all Suppliers for all work performed per this change order, including impact on unchanged work. By signing this final change order, the Contractor acknowledges and agrees on behalf of himself, all Subcontractors, and all Suppliers, that the stipulated compensation includes payment for all work contained in this final change order, plus all payment for interruption of schedules, extended field overhead, home office overhead, profit, delay, and all impact, ripple effect or cumulative impact on all other work under this Contract. The signing of this final change order constitutes full mutual accord and satisfaction for all changes and work performed on this project, and that the time and cost paid per this final change order constitutes the total equitable adjustments owed the Contractor, all Subcontractors, and all Suppliers for all work performed on this project. The Contractor on behalf of himself, all Subcontractors, and all Suppliers agrees to waive all rights, without exception or reservation of any whatsoever to file any further claim related to this project. TOTAL COST THIS CHANGE ORDER: DECREASE $ _ _ _ _ _ INCREASE � 1 $5,154.87 By reason of this order the CONTRACT TIME completion will be adjusted as follows: TBD. We the undersigned contractor have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all service necessary for the work above specked, and will accept as full payment therefor the prices shown above. Accepted, Date 9 /?�+ /�-i_ Contractor R.J_ Noble COmpany �BY AA Title G/ /7G` -/G �-$ ij�/�'- �proval recomffiende .,.� .-� Date � � � 24- � 2 ��Z PUBLIC WORKS AGENCY E UTIVE DIRECTOR Approved by `� 1' � Date � l � � ( 2� CITY MANAGER Page 2 of 2 MEMORANDUM ,�ducauon jst Kevin O'Rourke To: Interim City Manager Date: May 23, 2013 _a Raul Godinez II, Executive Director From: Public Works Agency Subject: Project Nos.: 12 -6753, 12 -7531 & 11 -2618 Residential Street Repair Phase 16 and Santiago Park Roadway Imp rovemeri4s Change Order No. 2 ::e.' Contractor: R.J. Noble Company 15505 E. Lincoln Avenue Orange, CA 92865 Project Description: Residential Street Repair Phase 16 and Santiago Park Roadway Improvements Change Order Number: 2 Accounting Unit - Account - Activity Numbers: 31213261- 66220 - 11261801028 District 2 JUSTIFICATION Total This Change Order: $40,512.88 The contract documents required the installation of approximately 330 linear feet of 5 -foot high wrought iron fence at Santiago Park along the service road which serves the wildlife and watershed center, nature reserve and archery range. The fence is intended to protect the natural habitat near the creek while inhibiting parking along the road. Upon potholing the existing underground Navy jet -fuel pipeline, it was determined that the proposed location of the new fence was within three feet of the pipeline. Navy regulations required a minimum three foot offset from their pipeline for any proximate improvements. Since the new wrought iron fence needed to be relocated, Parks, Recreation and Community Services Agency took this opportunity to enhance the park by realigning the fence and adding a pedestrian walking trail adjacent to the fence. FINAL COST = $40,512.88 Request for Approval of Change Order No. 2 May 23, 2013 Project Nos. 12 -6753, 12 -7531 & 11 -2618 Page 2 CONTRACT COST SUMMARY Original Contract Total $2,383,107.90 Amount % of Contract Previously Approved Change Order $185,154.87 Increase 7.77% This Change Order $40,512.88 Increase 1.70% Total Change Order to date $225,667.75 Increase 9.47% Adjusted Contract Total $2,608,775.65 SCHE®ULEIMPACT The re- alignment and design of the walking path involved additional modification to fence panels which caused an eight week gate fabrication impact to the contract schedule. The contract time is extended by 65 working days for the material procurement and the revised work included in this change order. APPROVED AS TO FUNDS AND ACCOUNTS: t Raul Go&nez II, Exe utive Director Francisco Gutierrez, Executive Director Public Works Agency Finance and Management Services Agency Gerardo Mouet, Exec Wive Director Parks; Recreation and Community Services Agency Projects \126753\MEM RFA CO N2 Request for Approval May 23, 2013 Project Nos. 12 -6753, Page 2 of Change Order No. 2 12 -7531 & 11 -2618 CHANGE ANALYSIS DETAILED JUSTIFICATION This project is split into two stages; Phase 16 of the City's Residential Street Repair and the Santiago Park Roadway Improvements. Phase 16 City Residential Street Repair Project addresses the remaining asphalt streets that were identified as part of the Residential Street Repair Program. These segments of local streets were identified as a high priority for rehabilitation in the City's pavement management system. Santiago Park Roadway Improvements addresses the service and access roads in and around Santiago Park. These roads provide access to the wildlife and watershed center, nature reserve, the archery range and access for City staff to water production facilities. This Change Order is entirely within the Santiago Roadway Improvements phase of the project and encompasses modifications to the wrought iron fence, addition of a decomposed granite walkway and pressure treated wood parking stops in Santiago Park. A prior approval was granted for this work on December 10, 2012. This work was done partially under contract bid items and partially on a time - and - material basis. The work included clearing and grubbing, relocation of existing irrigation heads, construction of a decomposed granite trail, and installation of pressure treated beams to create a barrier between pedestrians and vehicular traffic. A small portion of this extra work was done using contract bid items; the majority of the extra work was done on a time - and - materials basis. REVISED DETAILS Contract Section Revised Section 6 0" H I MODIFIED DETAIL W /WALK Request for Approval of Change Order No. 2 May 23, 2013 Project Nos. 12 -6753, 12 -7531 & 11 -2618 Page 2 COST ANALYSIS This Change Order accounts for only the time and material work not covered by contract line items. Detailed breakdowns of all the costs involved in the changes are as follows: Contract Unit Costs: Line Item Preliminary City Unit Price Preliminary Cost 34 Furnish And Install 5.0' Wrought Iron Fence ILF 322 $73.00 $23,506.00 Time & Material Daily Report# 37 Final Quantity Unit Price Final Cost 34 Furnish And Install 5.0' Wrought Iron Fence ILF 334 $73.00 $24,382.00 Time and materials costs: Time & Material Daily Report # 33A/33B $5,206.28 Time & Material Daily Report# 34 $2,005.06 Time & Material Daily Report# 35 $4,261.00 Time & Material Daily Report# 36 $4,331.44 Time & Material Daily Report# 37 $4,018.76 Time & Material Daily Report# 38 $671.98 Time & Material Daily Report # 39A/39B $3,119.75 Time & Material Daily Report# 40 $1,949.46 Time & Material Daily Report # 41A/41B $5,115.46 Time & Material Daily Report # 42 $7,841.59 Time & Material Daily Report # 43 $837.36 Time & Material Daily Report # 44 $1,154.75 TOTAL $40,512.88 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number 12 -6753 & 12 -7531; RESIDENTIAL STREET REPAIR PHASE Change Order Number 2 16; 11 -2618; SANTIAGO PARK ROADWAY IMPROVEMENT To R.J. Noble Company Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by EXTRA WORK AT TIME -AND MATERIALS PUBLIC WORKS AGENCY 1. Construct a pedestrian walking trail to include redwood headers, pressure treated beams with footings, clearing and grubbing, modification of fence panels, and relocation of existing signage and irrigation heads per City of Santa Ana PCO #10 dated December 10, 2012. Page 1 of 2 FINAL COST = $ 40,512.88 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number 12 -6753 & 12 -7531; RESIDENTIAL STREET REPAIR PHASE Change Order Number 2 16; 11 -2618; SANTIAGO PARK ROADWAY IMPROVEMENT To R.J. Noble Comoanv Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCILOR CITY MANAGER. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time, Change requested by PUBLIC WORKS AGENCY The compensation both time and cost set forth in this final change order comprises the total compensation due the Contractor, all Subcontractors, and all Suppliers for all work performed per this change order, including impact on unchanged work. By signing this final change order, the Contractor acknowledges and agrees on behalf of himself, all Subcontractors, and all Suppliers, that the stipulated compensation includes payment for all work contained in this final change order, plus all payment for interruption of schedules, extended field overhead, home office overhead, profit, delay, and all impact, ripple effect or cumulative impact on all other work under this Contract. The signing of this final change order constitutes full mutual accord and satisfaction for all changes and work performed on this project, and that the time and cost paid per this final change order constitutes the total equitable adjustments owed the Contractor, all Subcontractors, and all Suppliers for all work performed on this project. The Contractor on behalf of himself, all Subcontractors, and all Suppliers agrees to waive all rights, without exception or reservation of any whatsoever to file any further claim related to this project. TOTAL COST THIS CHANGE ORDER: DECREASE $ - - - - - INCREASE $ 40,512.88 By reason of this order the CONTRACT TIME completion will be adjusted as follows: Sixty five (65) Working Days We the undersigned contractor have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all service necessary for the work above specified, and will accept as full payment therefor the prices shown above. Accepted, Dale 1,4 1'2_x' 13 Contractor R.J. Noble Comoanv Gr1aIME %09711r /�—M11111111011 Approval recommended Approved by CITYMANAGER iJ rwx ✓s Date f 1IVE DIRECTOR // Dale 6 —c,?6 -13 Page 2 of 2